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Help on Comments on ParkingEye Evidence

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Comments

  • IamWood
    IamWood Posts: 444 Forumite
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    Redx wrote: »
    Seems to me you missed the POFA point , the legislation point , which legislation ? , because if it's POFA and bylaws apply , then POFA doesn't

    Thanks @Redx

    As far as I understand the car park belongs to private land and the bylaws do not apply on this case.

    Could you explain a bit more what I have missed in the letter?

    Thanks in advance.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 29 October 2019 at 9:06PM
    several posts over on page 1 indicated it was airport land and not private land , hence my reply about legislation and POFA , none of us have any idea why this was not included in your POPLA appeal , so no wonder they did not address it

    I have no idea which one it is , but your evidence pack and the bylaws should reveal it , as would checking with the Land Registry

    at the moment we only have your word for it , unless POPLA received a proper landowner agreement showing it was private land ? You wont find anyone on here that believes there is private land within the confines of an airport

    we cannot comment without seeing the evidence , that was the job of POPLA
  • IamWood
    IamWood Posts: 444 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Redx wrote: »
    several posts over on page 1 indicated it was airport land and not private land , hence my reply about legislation and POFA , none of us have any idea why this was not included in your POPLA appeal , so no wonder they did not address it

    I have no idea which one it is , but your evidence pack and the bylaws should reveal it , as would checking with the Land Registry

    at the moment we only have your word for it , unless POPLA received a proper landowner agreement showing it was private land ? You wont find anyone on here that believes there is private land within the confines of an airport

    we cannot comment without seeing the evidence , that was the job of POPLA

    Thanks. Here is another case on the same site:

    https://forums.moneysavingexpert.com/discussion/5915967/pcn-southend-airport-retail-park-service-yard-appeal-success&highlight=southend+airport
  • Redx
    Redx Posts: 38,084 Forumite
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    so according to the posts in that 12 month old thread, this retail park is next to the airport but not ON the airport , so the Southend Airport comment in post #1 deflected us from the main issues and was why you did not use landowner authority at popla

    in which case as you did not use landowner authority and POFA does apply then I refer you to my previous reply where I told you to go through the decision and concentrate on the issues like clause #13 etc , which you have done. Parking Eye strive to adhere to POFA on private land , but only one part of clause 13 applies , the ten minutes rule to stop, read signs and depart the area , which is more than 6 or 7 minutes

    it would have been better to describe this as a service yard at a private retail park near Southend Airport when you posted at the beginning , because once we see AIRPORT we go into AIRPORT mode
  • IamWood
    IamWood Posts: 444 Forumite
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    Thanks to all.

    Just received the 'Letter before county court claim'. How should I handle this one please? Is there a template for it?
  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
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    IamWood wrote: »
    Thanks to all.

    Just received the 'Letter before county court claim'. How should I handle this one please? Is there a template for it?

    NEWBIES FAQ sticky, post #2 - no template as such, but good advice on handling a LBCCC.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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